IN THE TRIAL CHAMBER
Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba
Mrs. Dorothee de Sampayo Garrido-Nijgh
25 June 1999
Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"
DECISION ON THE REQUEST OF 24 JUNE 1999 BY COUNSEL FOR THE ACCUSED SANTIC TO ALLOW MR. MIRKO VRDOLJAK TO EXAMINE THE DEFENCE WITNESSES
The Office of the Prosecutor:
Mr. Franck Terrier
Mr. Michael Blaxill
Counsel for the Accused:
Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic
1. Counsel for the accused Santic has filed a motion to allow his legal assistant, Mr. Mirko Vrdoljak, to examine the witnesses to be called by the defence for this accused. Mr. Vrdoljak has so far failed to pass the requisite English exam of the Tribunals Registry and has consequently been assigned as a legal assistant to Counsel Pavkovic. Counsel argues that because Mr. Vrdoljak has had many interviews with these witnesses, he should be allowed to examine the witnesses.
2. The Chamber notes that Mr. Vrdoljak does not meet the requirements that must ordinarily be fulfilled in order to be admitted as counsel before the Tribunal.
3. Although the Chamber has a residual power to make exceptions to this rule, it must note that in the instant case the accused is already represented by Counsel Pavkovic. The examination of witnesses is the primary responsibility of counsel, who must exercise all due diligence in carrying out this responsibility, regardless of whether he or his assistant have held the preparatory interviews with the witnesses.
4. In light of these circumstances the Chamber cannot find any reason why an exception should be made.
The request is
Done in English and French, the English text being authoritative.
Dated this twenty-fifth day of June 1999
At The Hague
[Seal of the Tribunal]